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CBD & Its Legality In The U.S.

Cannabidiol or CBD is just one of the more than 100 compounds known as cannabinoids found in the cannabis or marijuana plant. CBD oils are oils that contain concentrations of CBD. And unlike THC or tetrahydrocannabinol that causes the sensation of getting “high” that is associated with marijuana, CBD is not psychoactive. It does target the body’s nervous system, but it does not trigger any altered state of consciousness. Meaning, it does not change a person’s state of mind when they use it.

Cannabis oil had been used in medicine for thousands of years. But during the 1930’s, because of the concern over the dangers of abuse, the medical use of marijuana was permanently banned and using marijuana in whatever form was considered illegal. Yet even with the banning of cannabis oil, many still believed that CBD has many benefits to health. And until recently, the benefits of CBD continue to grow and the world is now realizing its potential most especially in the field of medicine.

Is CBD Legal?

CBD is not legal in all 50 states. The most important factor that is a crucial determinant across all states for CBD to be considered legal is where the CBD is derived from-hemp or marijuana. Under Federal law, CBD (hemp or marijuana derived) being a cannabinoid (component of cannabis) is a Schedule I substance, therefore illegal. Most states have provisions in their laws making hemp and marijuana derived CBD legal for medical and/or recreational use except for 4: Idaho, Nebraska, S Dakota and Kansas.

CBD from Hemp VS CBD from Marijuana

While hemp and marijuana are both members of the cannabis family, there is a very crucial difference between the two. The amount of psychoactive Tetrahydrocannabinol (THC) that each plant produce.

For marijuana, it can contain up to 30% THC, while hemp contains just 0.3% THC. Meaning, marijuana can get you really high, while in hemp, it would be impossible because it has no psychoactive effects.  This is the main reason why the source of CBD is very crucial to its legality.

While Hemp- derived CBD is mostly legal in all states, marijuana-derived CBD does not have the same treatment. Because marijuana-derived CBD, even if isolated is still considered as a byproduct of marijuana.

Here are the lists of States Where CBD is Legal for The Following Purposes

For Recreational Use

This includes both marijuana and hemp.

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Nevada
  • Oregon
  • Washington

17 States Where CBD is Legal for Medicinal Use With Specific Legislation for THC Levels

  • Alabama
  •  Florida
  • Georgia
  • Indiana
  • Iowa
  • Kentucky
  • Mississippi
  • Missouri
  •  North Carolina
  • Oklahoma
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • Wisconsin
  • Wyoming

The 29 States that Fully Legalized The Medical Use of All CBD Products Derived from Hemp or  Marijuana are:

Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and West Virginia

States Where Marijuana-Derived CBD is Illegal

  • Idaho
  • Kansas
  • Nebraska
  • South Dakota

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